Bloggers not so sure about increased regulation

Updated
December 13, 2012 13:33:00

The judge who led Britain's phone-hacking scandal inquiry says he's concerned about a decline in journalistic standards if online publishing remains unchecked. In a speech last night in Melbourne, Lord Justice Leveson called for media law to be applied equally to mainstream media and online media.

In a speech last night in Melbourne, Lord Justice Leveson called for media law to be applied equally to mainstream media and online media.

Media law experts say while existing laws technically apply to online publishing, people who break them are rarely prosecuted or sued.

Bloggers say regulating content and conduct on the internet is almost impossible, because everything moves so quickly and it's easy to hide.

Will Ockenden has the story.

WILL OCKENDEN: With a tiny bit of technical knowledge, setting up a blog on the internet is as easy as installing a small piece of software.

From there, you have a global audience to say what you want, legally or not.

Rick Sarre, a Professor of Law at the University of South Australia's Law School, and says media laws need updating to keep up with technological advance.

RICK SARRE: We simple have not thought through the whole idea of how communication, instantaneously around the world, are now to be governed.

WILL OCKENDEN: Last night in Melbourne, the man who oversaw the inquiry into Britain's phone-hacking scandal, Lord Justice Brian Leveson gave his views on internet publishing.

He argued criminal and civil laws, like defamation, should apply equally to new forms of media like blogs and social media.

Rick Sarre says the argument is a strong one.

RICK SARRE: But we have to think of some way of ensuring that those sorts of things do not occur, that people are not harmed by going across boundaries, by going across borders and I'm not sure how it should happen but I certainly can say at least we thought about it and Leveson is just simply raising those concerns.

WILL OCKENDEN: Are bloggers and people on Twitter currently held to the same standards as the main stream media?

RICK SARRE: And that's the next question and the answer is no, they're not to the extent that a person who is a journalist for example has a whole range of obligations by virtue of being a journalist in relation to how they write things and I'm rather concerned that a person who is a twitter or a blogger is not necessarily bound by those same ethical standards.

WILL OCKENDEN: Lord Justice Leveson says there have been a number of cases where a seemingly lawless approach has been taken by internet users.

He gave the example of so-called UK super-injunctions, often taken out by celebrities to stop information from being published.

While the mainstream media had to abide by the law, the information was easily obtainable online.

Rick Sarre.

RICK SARRE: And it just reminds us once again that the old laws may be inadequate. I'm not suggesting we have to sit down and start from square one but every time a case comes up where we think the law is simply inadequate, we need to go back and revise the laws and revise the guidelines.

WILL OCKENDEN: Lord Justice Leveson is also concerned that as more private information goes online, it increases the risk that it could be illegally or unethically obtained.

MATTHEW RICKETSON: The law, in his view, should be applied equally across all media platforms.

WILL OCKENDEN: Matthew Ricketson is a Professor of Journalism at the University of Canberra.

MATTHEW RICKETSON: Not only in print and radio and television but also into cyberspace, online.

WILL OCKENDEN: Matthew Ricketson assisted Ray Finkelstein in preparing a report into Australia's media regulation, which was delivered to the Federal Government in February.

While he agrees with Leveson, Dr Ricketson says because the internet is international, it's very hard to regulate properly.

MATTHEW RICKETSON: One of the values that we say we live by in our society in Australia is that a broad range of views is acceptable and robust debate is acceptable but does that apply all around the world, well not really so how do you actually apply that. We haven't solved, as a world community yet, to online regulation. I don't think there is any easy answer to that.

WILL OCKENDEN: Bloggers aren't so sure everyone should be treated exactly the same.

Greg Jericho, who's written a book on political blogging in Australia, says regulation is a difficult thing to get right.

GREG JERICHO: Where it gets a bit tricky is when you start bringing in new regulations regarding media operations and treating as I say, someone who is doing something as a hobby and treating them the same as someone who has got a large commercial operation. I think there is a case for some regulation or at least some guidelines for bloggers once they've reached a certain standing.

I think if you're someone who's hardly got much of a readership at all, you shouldn't be expected to be covered by such things but if you are a major brand, like for example say Mamma Mia, then perhaps there is a case for there being some guidelines.